Blogging

This begins my third year of writing for ATL. I am thrilled that our relationship has flourished, and I look forward to continuing this column for some time. When I read over some of my past columns, I realized that vindication of some of my points of view (poor vetting by JPMorgan, the market falling with the continuing shutdown) feels quite a bit better than having to offer mea culpas. Making mistakes is part of life. Making mistakes in a large and public forum is a good argument for not writing. I closed my comments section fairly recently as I believed that the comments had devolved from intellectual snark to a level above scat humor. Maybe it was the summer that brought out the “challenged.” All I know is that it is good to have a cast of regulars back in the fold, and my comments have been re-opened for weeks.

In the coming year, I am going to be doing more interviewing about in-house life…

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If you’re a law student, you’re either already back in class or starting class very soon. Congratulations! Whether you’re the most hardened 3L embarking on a useless third year by taking “Law and the Twilight Series” or a fresh-faced 1L still unaware of the “job market” people keep talking about, ATL welcomes you (back) to law school.

This is a wonderful period of intellectual discovery and debt accumulation that you should cherish always. Your law degree is worth $1 million… in memories, that is!

Why not share those memories with the world? If you’ve ever seen something go down at your school and thought “Above the Law might cover this,” then get off your duff and let us know. Law school students are a big part of ATL but don’t tip us nearly as much as you might think.

Here are the tips to tipping — share these around the school so everyone is on board….

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Chief Judge Alex Kozinski

* A chat with Chief Judge Alex Kozinski. Kozinski is the only interviewee who can talk about political oppression and reserve the real shock and horror for jury verdicts. [Concurring Opinions]

* On a serious note, a summer intern at Bank of America has died after pulling three all-nighters. Biglaw reminds associates that the lesson here is to get your work done faster. [Gawker via Instapundit]

* LeBron James thinks he’s actually above the law. What’s more despicable? Using celebrity to ruin everyone else’s commute so you can watch a concert or being part of the Heat? [Grantland]

* Case Western Reserve is changing its legal curriculum out of desperation an effort to revolutionize law school. [Cleveland Plain-Dealer]

* Women’s magazines make a ton of demoralizing helpful promises. What if lawyers inserted themselves into the editorial process? [The Tangential]

* A Chicago ER doctor is facing a lawsuit over taking and posting pictures of a woman — apparently this “actress, model, and ex-professional tennis player” — who’d had too much to drink. Dr. Carter has really gone downhill. [IT-Lex]

* RIP Groklaw, 2003-2013. The stalwart blog has decided to shut down over concerns about government surveillance. [Groklaw]

* An attorney in Texas decided to take to Craigslist to rip another lawyer advertising a $10/hour paralegal job. Screenshots of the original and the response after the jump… [Craigslist]

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This was the Twitter of Olden Times.

Seeing as law firms are among Earth’s last enthusiasts of Lotus Notes and fax machines, they can hardly be expected to be on the cutting edge of evolving social media technologies. As social media platforms and blogs were exploding over the last decade, most law firms did not engage. Firms continued to churn out the unread white papers and ignorable client alerts as part of their traditional marketing efforts.

This reluctance or skepticism has waned some in the last couple of years and given way to a wary appreciation of the positive role that LinkedIn, Facebook, blogs, and similar sites can play in marketing, recruiting, client support and internal collaboration. A 2012 survey of lawyers and legal marketers by ALM Legal Intelligence attests to this shifting attitude. The survey had some striking findings. Among them:

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One of the things I hear from lawyers is: “I want to write, but I don’t have the time/know where to post/want to start a blog.”

Now I’m not in the blog-selling business or believe that every lawyer should have a blog because I’m not in the blog-selling business. (Get ready commentariat.) Not every lawyer can write (there commentariat… go!), but if you want to write, I’ll offer my thoughts. I offer them because this is my column, and I can do whatever I damn well please and I feel like it.

The first thing you have to determine when thinking about writing is your audience.

Unfortunately, many of you law review types actually think anyone out there wants to read something closely resembling a law review article. You can’t write anything without citing to case law or other articles no one has read or wants to read. You believe you’re still writing for adoration of your ability to analyze the history of some statute. You believe you can’t write anything unless it takes you weeks to research and is perfectly cited. You believe writing is done to impress rather than educate or inform.

When you write, you’ll see — ahem — comments about the writing style. Those are coming from those that can’t write like normal people. They spent months writing some over-cited, boring article that no one read and are raging against anyone who writes something interesting that contains a non-law-review-type writing style…

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That was tiring, huh?

A dizzying array of legal news delivered almost non-stop for an entire week. Emotional highs when DOMA is struck down, lows when a pillar of the legal landscape for nearly 50 years is swept aside, leaving millions of Americans even more concerned about their constitutional rights than they were before. There was an epic filibuster and failed jokes. This was a hell of a week to be covering the law.

As the frenzied week draws to a close, I decided to look back and compile my personal review of the major events of the week, gathered in one omnibus post.

So let’s take a look at the week that was ranging from Aaron Hernandez to the Supreme Court…

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I did not plan to write an anniversary column this week. But since I try and write about the things that are on my mind, I have no choice.

A year ago, my first column appeared. I did not know what to expect. All I hoped was that it would be an interesting experience. And that I would be able to contribute to the discussion about what it means to be a partner in Biglaw. The Biglaw of today — not the Biglaw of yore, with its WASP firms and its Jewish ones, white-shoes and Wall Street, single offices and “friendly competition.” Because that world has died, and anyone reading this has an interest in thriving in the current one….

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You can download the notes, or not. I don’t care. I have to write a law review article that nobody will ever read.

Of course it does. That question has such an obvious answer that it’s kind of dumb to ask. Of course a system that rewards “teachers” with lifetime jobs for focusing on esoteric research that has little or no applicability to the challenges their students will face in the real world is of limited value to the students who pay their salaries.

So why would a professor get in trouble for saying that? Why would a professor get in trouble for saying it to other professors? If there are people who think the job of a big-time legal academic is to service students, they are sadly mistaken.

Why should anybody have a problem with a Harvard Law professor who says that?

Please note the UPDATE added after the jump.

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When was the last long trip you took? For many of you, especially those of you who work at law firms, it might have been you post-bar-exam trip or your honeymoon. But it was probably a really long time ago.

How would you like to go on a trip that never ends? How would you like to leave your office behind and visit different countries, learning about different cultures and expressing yourself along the way?

If you have a camera and a laptop, you might be able to turn this dream into a reality….

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Dred Scott

[UPDATE: You know how you can get people to read your post -- put the wrong date on it. Now updated to June]

* Slave law is still considered “good law” by the courts? Originalism is alive and well! [Post & Found]

* For the first time ever, the Washington Post’s scavenger hunt/riddle/prove how pretentious we are competition was won by a single individual. Congratulations to Sullivan and Cromwell’s Sean Memon, an ’08 Duke grad, who prevailed after figuring out that nothing was happening. That makes sense when you read the article. [Constitutional Daily]

* Here’s an argument against affirmative action based on the premise that black people at the barest of margins may be hindered by having too good of a résumé. This is, well, wrong, but much more intellectual than the arguments against affirmative action advanced by the Chief Justice. [Ramblings on Appeal]

* A San Diego lawyer is seeking a young attorney in L.A. to work for slightly more than peanuts. But the requirements are entertaining, like confidence that “you are going to be the next F. Lee Baily or Johnny Cochran.” The poster is also an “elderly gay man (late 50′s).” Is that really elderly anymore? [Craigslist]

* More on the problems facing the D.C. Circuit. Probably a good reason to shrink the complement of the Circuit. [SSRN]

* Another look at the business benefits of blogging. Get out there, people! [Likelihood of Confusion]

* Hey there, lawyers! The Wall Street Journal would like you to know that you and your ilk are responsible for the student loan bailout. Video after ye olde jump…

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